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The Overlooked Costs Of Religious Deference, Robin Fretwell Wilson

Robin Fretwell Wilson

Citing the Qur'an, a German divorce court judge this year denied a fast track divorce to a Muslim woman who had been the victim of domestic violence and death threats from her husband. The judge rejected her application because the husband's exercise of his "right to castigate does not fulfill the hardship criteria" for an expedited divorce. The decision, which sparked a firestorm of controversy, comes at an important time in the movement to embrace pluralistic understandings of family relationships. Scholars and policymakers around the world are advancing various schemes for sharing state control over domestic disputes with religious groups-ranging …

The Overlooked Costs Of Religious Deference, Robin Fretwell Wilson

Robin Fretwell Wilson

Citing the Qur'an, a German divorce court judge this year denied a fast track divorce to a Muslim woman who had been the victim of domestic violence and death threats from her husband. The judge rejected her application because the husband's exercise of his "right to castigate does not fulfill the hardship criteria" for an expedited divorce. The decision, which sparked a firestorm of controversy, comes at an important time in the movement to embrace pluralistic understandings of family relationships. Scholars and policymakers around the world are advancing various schemes for sharing state control over domestic disputes with religious groups-ranging …

Laying Down The "Brics": Enhancing The Portability Of Awards In International Commercial Arbitration, Benjamin C. Mccarty

Benjamin C McCarty

The drafters of the 1958 New York Convention intended Article V(2)(b) to be interpreted narrowly, and while most pro-arbitration national courts do maintain narrowly defined areas of public policy that are sufficient for refusal of the recognition and enforcement of a foreign arbitral award, this is not always the case. Developing states and jurisdictions that maintain corrupt or inefficient judicial systems have shown a greater willingness to invoke the public policy exception for a broader, amorphous variety of reasons. This phenomenon has created a sense of unpredictability among international investors, arbitrators, and business executives as to the amount of deference …

Mending The Legislative Process – The Preliminaries, Ittai Bar-Siman-Tov

Dr. Ittai Bar-Siman-Tov

ג'ון הארט גרוניס?: פסיקתו של הנשיא גרוניס לאור התיאוריה החוקתית של אילי (John Hart Grunis?: The Jurisprudence Of Chief Justice Grunis In Light Of Ely's Constitutional Theory), Ittai Bar-Siman-Tov

Dr. Ittai Bar-Siman-Tov

La Adaptación A Las Necesidades: Convergencia Y Divergencia, Renzo E. Saavedra Velazco

Renzo E. Saavedra Velazco

No abstract provided.

Merger Control Under China's Anti-Monopoly Law, D. Daniel Sokol

D. Daniel Sokol

This essay explores the factors that drive merger outcomes under China's Anti-Monopoly Law (AML). While there are currently only a small number of published merger decisions, this paper overcomes that obstacle by utilizing a unique practitioner survey of antitrust lawyers across multiple jurisdictions. This survey captures transactions contemplated, but never undertaken (deterred by the merger regime), as well as mergers notified for approval under the AML. The survey allows for broader inferences to be drawn about the development of Chinese antitrust law, including: the welfare standard used in merger analysis, what industrial policy and other political factors may impact merger …

Framing The Responsibility To Protect Doctrine As A Means Of Legal And Moral Intervention With Universal Jurisdiction Legal Obligations Of The Responsibility To Protect Doctrine And Universal Civil Jurisdiction In The Syrian Civil War Crisis, David Satnarine

David Satnarine

No abstract provided.

El Propósito De La Imitación: Comparación Jurídica Y Economía, Renzo E. Saavedra Velazco

Renzo E. Saavedra Velazco

No abstract provided.

Reflections Of The World Bank’S Report On The Treatment Of The Insolvency Of Natural Persons In The Newest Consumer Bankruptcy Laws: Colombia, Italy, Ireland, 27 Pace Int'l L. Rev. 306 (2015), Jason J. Kilborn

Jason Kilborn

No abstract provided.

La Importación De Productos Jurídicos: Necesidades Ad Hoc Y Necesidades Universales, Renzo E. Saavedra Velazco

Renzo E. Saavedra Velazco

No abstract provided.

Book Review: The Once And Future King: The Rise Of Crown Government In America, Ronald D. Rotunda

Ronald D. Rotunda

If you want to understand your own language, learn a foreign tongue. Similarly, if you want to understand the American system of government, learn what our intellectual kin—Great Britain and Canada—have done. As Professor F.H. Buckley notes, “He who knows only his own country knows little enough of that.” He is one of the few people who has thoroughly mastered the legal structure and history of all three countries.

A Tale Of Two Countries: Comparing The Law Of Inheritance In Two Seemingly Opposite Systems, Ray D. Madoff

Ray D. Madoff

Although at first glance French and U.S. inheritance laws appear to be diametrically opposed, this paper provides a deeper analysis. In doing so, it explains that nuances within both systems have made the laws more similar than they initially appear. U.S. inheritance laws, explicitly characterized by freedom of testation, include numerous substantive limits on how a testator may dispose of her property at death. Courts often use doctrines such as mental capacity, undue influence, and fraud to void wills that do not provide for the decedent’s children. Also, because over one half of all Americans die intestate, or without a …

Democracy And Torture, Patrick A. Maurer

Patrick A Maurer

September 11th spawned an era of political changes to fundamental rights. The focus of this discussion is to highlight Guantanamo Bay torture incidents. This analysis will explore the usages of torture from a legal standpoint in the United States.

El Juego De La Imitación: Entre La Circulación De Modelos Y La Adaptación Jurídica, Renzo E. Saavedra Velazco

Renzo E. Saavedra Velazco

No abstract provided.

From Gats To Apec: The Impact Of Trade Agreements On Legal Services, Laurel S. Terry, Laurel S. Terry

Laurel S. Terry

This article provides a comprehensive overview of the treatment of legal services in the United States‘ international trade agreements. Although many individuals are now familiar with the General Agreement on Trade in Services (GATS), far fewer realize that legal services are included in at least fifteen international trade agreements to which the United States is a party. This article begins by identifying those trade agreements and other developments including the 2009 Legal Services Initiative of the Asia Pacific Economic Cooperation (APEC). The article continues by explaining the structure of the GATS and comparing its provisions to the provisions found in …

Transplanting Contractual Terms: The Influence Of The Common Law In The Civil Law Of Contracts, A View From The Periphery, Dario Laguado

Dario Laguado

This paper suggests a model of contractual innovation that takes into account the bottom-up transplant of legal devices from the core to the periphery. This model properly weighs the tension and differences between places of production and places of reception and the process of misreading that goes along with the transplant. It serves to explain the innovation that has been produced as a result of the influence of common law contracts in Colombia and South America. Evidence shows that this model can be generally applied to the process of transplantation in many jurisdictions around the world. The main features of …

La Insoportable Levedad Del Legislador Argentino En Materia De Derecho De Autor Digresiones Jurídico-Económicos En Torno Al Proyecto Legislativo Que Propone Extender La Duración De Las Obras Fotográficas, Maximiliano Marzetti

Maximiliano Marzetti

Este aporte tiene una doble finalidad, catártica y educativa. Por un lado quiero desahogarme al ver como la historia se repite: la vetusta ley de propiedad intelectual N° 11.723 sólo se retoca para extender privilegios económicos de un sector y no en beneficio del bien común. Por otro, continúo mi prédica para intentar convencer a colegas y legisladores para que se adentren en el fabuloso mundo de la multidisciplina. Necesitamos legisladores que sepan de derecho, economía y ciencias sociales, o al menos que sepan escuchar a quienes saben.

Cuba: Open For Business, But Media Beware, Jodi Benassi

Jodi Benassi

No abstract provided.

Parallel Proceedings-Converging Views: The Westec Appeal, Janet Walker

Janet Walker

The flexibility afforded by new rules for jurisdiction and judgments creates opportunities for parallel proceedings and the potential for inconsistent results. Could mechanisms developed in other systems be adopted, such as the lis pendens rule in Europe, or would they merely replace the 'race to judgment' with a 'race to file'? What might a "made in Canada" solution look like? Would it succeed in preventing abuse without compromising fairness in the individual case?

The African System On Human And Peoples' Rights, Quasi-Constructivism, And The Possibility Of Peacebuilding Within African States, Obiora Chinedu Okafor

Obiora Chinedu Okafor

This article examines the influence that IHIs (such as the African System on Human and Peoples' Rights) can exert within states, with the facilitative work of local popular forces, and relates that to the possibility of valuable IHI contributions to peacebuilding within deeply fragmented African states. Of all the existing approaches to the study of IHIs, constructivism comes the closest to accounting for the highly significant incidences of IHIjostered (and popular forces-facilitated) 'correspondence' that occurs outside the 'compliance radar'. In this sense the article is a contribution to the growing constructivist human rights and institutional literature sets. In particular the …

Irrigating The Famished Fields: The Impact Of Labour-Led Struggles On Policy And Action In Nigeria (1999-2007), Obiora Chinedu Okafor

Obiora Chinedu Okafor

Between 1999 and 2007, a broad-based labour-led movement which focused most of its energies on its struggle against unpopular fuel price hikes in Nigeria was able to exert considerable, though limited, influence on an Obasanjo-led executive arm of government that was at best quasidemocratic in its orientation. This article argues that, despite the very important roles played by other factors (notably the presence of more democratic space in Nigeria post-1999), the movement's adoption of a mass social movement approach facilitated its ability to exert such influence.

Poverty, Agency And Resistance In The Future Of International Law: An African Perspective, Obiora Chinedu Okafor

Obiora Chinedu Okafor

This article enquires into the likely posture of future international law with respect to African peoples. It does so by focusing on three of the most important issues that have defined, and are likely to continue to define, international law’s engagement with Africans. These are: the grinding poverty in which most Africans live, the question of agency in their historical search for dignity, and the extent to which these African peoples can effectively resist externally imposed frameworks and measures that have negative effects on their social, economic and political experience. International law’s future posture in these respects is considered through …

Payment Transactions Under The Eu Payment Services Directive: A U.S. Comparative Perspective, Benjamin Geva

Benjamin Geva

This article endeavours to analyse the provisions of Title IV governing rights and obligations in relation to the provision and use of payment services. Analysis is particularly from a US comparative perspective. Attention will be given to Uniform Commercial Code ("UCC") Article 4A, which governs U.S. wire and other credit transfers as well as federal laws governing consumer retail payment systems. A broader but related objective of the article is the assessment of the contribution of Title IV to the harmonization of funds transfer and payment law, not only by comparison to the U.S., but also by reference to a …

The Process Geography Of Law (As Approached Through Andalucian Gitano Family Law), Susan G. Drummond

Susan G. Drummond

Comparative law and legal anthropology have for long theorized on the basis of a traditional geography which saw states, regions, locales and social fields as having durable boundaries containing stable and homogenous cultures. This idea of place is now undergoing a massive transformation in response to the effects of and theories about globalization. The emerging ‘process geography’ rejects these traditional ideas, arguing that they are not, and indeed have never been aspects of reality, which is better represented by an imagery of processes. However, it is argued here that globalization is not a synonym for homogenization, nor has place suddenly …

The Van Ert Methodology Of Domestic Reception, Jamie Cameron

Jamie Cameron

A review of Gibran van Ert's book: Using International Law in Canadian Courts. This review approaches the author's methodology of domestic reception from a constitutionalist's perspective.

Equality And Singapore’S First Constitutional Challenges To The Criminalization Of Male Homosexual Conduct, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

In 2013, in Lim Meng Suang and Kenneth Chee Mun-Leon v Attorney-General and Tan Eng Hong v Attorney-General, the High Court of Singapore delivered the first judgments in the jurisdiction considering the constitutionality of section 377A of the Penal Code, which criminalizes acts of 'gross indecency' between two men, whether they occur in public or private. The Court ruled that the provision was not inconsistent with the guarantees of equality before the law and equal protection of the law stated in Article 12(1) of the Constitution of the Republic of Singapore. The result was upheld in 2014 by the Court …

Sales Or Plans: A Comparative Account Of The "New" Corporate Reorganization, Stephanie Ben-Ishai, Stephen J. Lubben

Stephanie Ben-Ishai

In this article, Professors Stephanie Ben-Ishai and Stephen Lubben explore the recent surge in popularity of “quick-sales,” essentially the pre-reorganization plan sale of an insolvent debtor’s assets. In their examination of quick sales, the authors use the recent examples of Lehman Brothers and Chrysler to illustrate the popularity and relevance of the pre-plan sales. The authors then move on to a more detailed discussion of the quick sales process in both Canada and the United States, isolating the differences and similarities between both countries, and weighing the costs and benefits of each approach. Ultimately, the authors argue that questions of …

Bankruptcy For The Poor?, Stephanie Ben-Ishai, Saul Schwartz

Stephanie Ben-Ishai

The conventional wisdom is that the poor are not heavy users of the insolvency system, because creditors are unwilling to take risks on the poor and because many of the poor are judgment-proof. However, credit is now widely available across the spectrum of income groups. In addition, poverty is often a temporary state for many Canadians; therefore, being judgment-proof is likewise temporary. Some of those who are poor at any point in time are in fact in need of bankruptcy protection. They have debts that they are unable to pay and little likelihood of being able to repay in the …

Measuring State Compliance With The Right To Education Using Indicators: A Case Study Of Colombia’S Obligations Under The Icescr, Sital Kalantry, Jocelyn Getgen, Steven A. Koh

Sital Kalantry

The right to education is often referred to as a “multiplier right” because its enjoyment enhances other human rights. It is enumerated in several international instruments, but it is codified in greatest detail in the International Covenant on Economic, Social and Cultural Rights (ICESCR). Despite its importance, the right to education has received limited attention from scholars, practitioners, and international and regional human rights bodies as compared to other economic, social and cultural rights (ECSRs). In this Article, we propose a methodology that utilizes indicators to measure treaty compliance with the right to education. Indicators are essential to measuring compliance …